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Andre andrews v. Oscar Dominguez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


January 29, 2013

ANDRE ANDREWS, PLAINTIFF,
v.
OSCAR DOMINGUEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael W. Fitzgerald United States District Judge

ORDER (1) ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITH RESPECT TO PLAINTIFF'S FIRST CLAIM AGAINST DEFENDANT OFFICER DOMINGUEZ AND GRANTING IN PART WITH RESPECT TO DISMISSING PLAINTIFF'S SECOND AND THIRD CLAIMS WITHOUT LEAVE TO AMEND

Pursuant to 28 U.S.C. §636, the Court has reviewed the First Amended Complaint and all other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation.

IT IS THEREFORE ORDERED that an Order be entered (1) accepting the findings of the United States Magistrate Judge; (2) directing that Defendants' Motion to Dismiss be granted in part with respect to dismissing Plaintiff's second and third claims without leave to amend and denied with respect to Plaintiff's first claim against Defendants; and (3) that Defendants file an Answer to the First Amended Complaint within 20 days of date of this Order.

20130129

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